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Author: gkcarson
Surnames:
Classification: queries
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Hi Tom,
Below is a transcription of 1829 Dicey Carrington Mangham suing her brother John J.
Carrington (and other siblings) to get her share of the lands of their father, John
Carrington Jr deceased. I included a few related notes as well. The court case is in the
NC supreme court records.
Gary
Nov 1817 4th Monday - Admin of John Carrington dec'd to John J. Carrington - to sell
all perishables as well as all Negroes
Aug 1818 - John J. Carrington appt guardian of James Carrington
Aug 1818 - Herbert Sims appt guardian of Cynthia, Durall, Willia, William, Arthur orphans
of Arthur Mangum dec'd
DOCUMENT OF THE ORANGE COUNTY SUPREME COURT
The State of North Carolina
Be it remembered that heretofore Dicey Mangum Exhibited & filed her Petition in
the Clerk's Office of the Superior Court of Law for Orange against John J. Carrington
& others in the words and figures following (to wit)
State of North Carolina Orange County Superior Court of Law September Term 1821
The Petition of Dicey Mangum against John J. Carrington, George Moore &
Elizabeth his wife, Herbert Sims & Nancy his wife, Carrington Knight, William Knight,
John Knight, Nancy Knight, Elizabeth Knight Jeptha Knight, James Knight, Jefferson Knight,
Meekins Knight, Raleigh Knight, Mary Knight, and James Carrington by his guardian John J.
Carrington.
Humbly sheweth unto your Honor that your Petitioner's Father John Carrington late of
the State and County aforesaid departed this life Intestate about the first day of
November 1817 seized and prosessed of a large and valuable Real Estate lying and being in
the Counties of Orange & Person in the State aforesaid Viz of a tract called the Store
house
tract containing Two hundred & Twenty six Acres more or less adjoining the Lands of
William Cain & John J. Carrington; of one other tract of Ninety Acres more or less
adjoining the Lands of Herbert Sims & others; of one other tract of Three hundred and
thirty four acres more or less called the Forsythe tract adjoining the lands of Abraham
Parker & others; of one other tract of Two hundred acres more or less called the Joel
Gibson tract adjoining the land of Col. William HUNT & others; of one other tract of
Twenty six & half Acres more or less adjoining the Land of William Cain; of one other
tract called the ALSTON tract of two hundred & five & one half Acres more or less
adjoining the Land of Col. William HUNT and William Cain --- all of which tracts lie in
the County of Orange aforesaid --- And of one other tract of Seven hundred & forty
Acres more or less lying in the County of Person and bounded by the county line. --- Your
Petitioner further sheweth unto your Honor that !
the said John Carrington deceased left him surviving the following Persons his children
and heirs at Law Viz John J. Carrington of the County of Orange & State of North
Carolina, Nancy Sims Wife of Herbert Sims of the said County & State, Mary Knight wife
of John Knight of the State of Georgia, Elizabeth Moore wife of George Moore of the State
of Tennessee and your Petitioner, your Petitioner further sheweth that your
Petitioner's Father had one other Son by the name of James who died in the year 1801
leaving him surviving a Son by the name of James Carrington his heir at Law who is now
residing in Orange aforesaid an infant under the age of twenty one years to whom John J.
Carrington had been appointed Guardian by the County Court of Orange, that the aforesaid
Mary Knight departed this life in the year 1820 leaving her surviving the following
children her heirs at Law Viz Carrington, Jefferson, John, Nancy, Elizabeth, Jeptha,
James, William Knight, Meekins, Raleigh & Mary !
Knight all of whom reside in the State of Georgia and the eight last o
f whom are Infants under the age of twenty one years. Your Petitioner further sheweth
that her father in his life time made advancements to several of his aforesaid Children by
giving to them respectively the tract or parcel of Land following Viz to Mary Knight
aforesaid one tract of one hundred & Seventy two Acres more or less lying on Mountain
creek in the County of Orange adjoining the lands of Thomas Horten & others; to Nancy
Sims aforesaid one tract of Two hundred & twenty Acres more or less in said County
adjoining the Land of David Parker & others; to James Carrington deceased aforesaid
one tract containing two hundred & twenty five Acres more or less called the red
Cabbin tract adjoining the Land of William HUNT & others; to John J. Carrington one
tract containing Three hundred and Ninety nine acres more or less adjoining the Land of
William Cain; both of said last mentioned tracts lying in the County of Orange. Your
Petitioner is advised and beleives that she is b!
y the Laws of Descent entitled to one Sixth part of the land aforesaid to the end
therefore that an equal Partition of said Land may be made among the Defendants in this
Petition and your Petitioner. Your Petitioner prays that this Court may appoint
Commissioners to Survey and make Partition of said Land according to Law and report the
same to this Court and that your Honor may make what other and further Order in the
premises that may to your Honor seem meet and your Petitioner will ever pray. P. H.
Mangum atty pro Petn
The defendants answered the above foregoing Petition and at September Term 1829 a Decree
being made in the said Cause is in the words & figures following (to wit) Dicey Mangum
vs John J. Carrington & others
This cause coming to be heard upon the Petition answers of the Defendants Verdicts
rendered upon the issues made in the Cause interlocutory Orders and exhibits filed. It is
Ordered adjudged & Decreed that Andrew BORLAND, Williamson BURTON, Nicholas JONES,
Sampson Moore & Reuben FARTHING be appointed commissioners to divide by Metes &
Bounds the tracts or parcels of Land mentioned in the Petition. Viz the Store house tract
containing Two hundred & Seventy six acres more or less -- the tract of Ninety Six
acres more or less adjoining the Land of Herbert Sims & others. The Forsythe tract of
Three hundred thirty four Acres more or less --- the Joel Gibson tract of Two hundred
Acres more or less; the tract of Twenty Six Acres and one half Acre more or less adjoining
the Land of William Cain --- And the tract of Seven hundred & forty Acres more or less
lying and being in Person County and bounded by the County line into six equal dividends
and appropriate the same equally among !
the petitioner Dicey Mangum and the Defendants John J. Carrington, Herbert Sims &
wife Nancy, James R. Carrington, George Moore & his wife Elizabeth, and the heirs at
Law of Mary Knight deceased in the following manner. Viz that the Commissioners in the
first place proceed to assess the value of the tract of Land advanced to the said Mary
Knight by her father John Carrington in his life time of One hundred & Seventy two and
more or less lying on Mountain Creek in Orange County and bounded by the Land of Thomas
Horten and others at the time such advancement was made Viz in the year 1795 and bring
such value into Hotehpot in the ascertainment of the sixth part of the Lands to be divided
of the heirs at law of her the said Mary Knight and therewith
equalizing the dividend of the said heirs with the others --- and that the said
Commissioners or any three of them may make under their hands & Seals; to the next
term of this Court to be held for Orange County at the Court house in Hillsborough on the
Second monday in March next.
In testimony whereof of I Abner B. Bruce, Clerk of said Court do hereunto subscribe my
name at Office in Hillsborough the Second monday of September A.D. 1829. (Signed) A. B.
Bruce C.S.C.
Ordered that the Sheriff of Orange County Summon the Commissioners, named in the above
Decree, to meet on the premises and for the purposed therein expressed and that they make
due return of their proceedings in all respects as the Law directs in such Case made &
provided at the next term in March next 1830. Test A. B. Bruce C.S.C. issued 3rd October
1829
Feb 1822 - Deed Ephraim Carringto to Sihon Carrington proved William Van Hook
Feb 1822 - John J. Carrington appt guardian William Duke and Nancy Carey 400lb bond each
DOCUMENT OF THE ORANGE COUNTY SUPREME COURT
The State of North Carolina
Be it remembered that heretofore Dicey Mangum Exhibited & filed her Petition in
the Clerk's Office of the Superior Court of Law for Orange against John J. Carrington
& others in the words and figures following (to wit)
State of North Carolina Orange County Superior Court of Law September Term 1821
The Petition of Dicey Mangum against John J. Carrington, George Moore &
Elizabeth his wife, Herbert Sims & Nancy his wife, Carrington Knight, William Knight,
John Knight, Nancy Knight, Elizabeth Knight Jeptha Knight, James Knight, Jefferson Knight,
Meekins Knight, Raleigh Knight, Mary Knight, and James Carrington by his guardian John J.
Carrington.
Humbly sheweth unto your Honor that your Petitioner's Father John Carrington late of
the State and County aforesaid departed this life Intestate about the first day of
November 1817 seized and prosessed of a large and valuable Real Estate lying and being in
the Counties of Orange & Person in the State aforesaid Viz of a tract called the Store
house
tract containing Two hundred & Twenty six Acres more or less adjoining the Lands of
William Cain & John J. Carrington; of one other tract of Ninety Acres more or less
adjoining the Lands of Herbert Sims & others; of one other tract of Three hundred and
thirty four acres more or less called the Forsythe tract adjoining the lands of Abraham
Parker & others; of one other tract of Two hundred acres more or less called the Joel
Gibson tract adjoining the land of Col. William HUNT & others; of one other tract of
Twenty six & half Acres more or less adjoining the Land of William Cain; of one other
tract called the ALSTON tract of two hundred & five & one half Acres more or less
adjoining the Land of Col. William HUNT and William Cain --- all of which tracts lie in
the County of Orange aforesaid --- And of one other tract of Seven hundred & forty
Acres more or less lying in the County of Person and bounded by the county line. --- Your
Petitioner further sheweth unto your Honor that !
the said John Carrington deceased left him surviving the following Persons his children
and heirs at Law Viz John J. Carrington of the County of Orange & State of North
Carolina, Nancy Sims Wife of Herbert Sims of the said County & State, Mary Knight wife
of John Knight of the State of Georgia, Elizabeth Moore wife of George Moore of the State
of Tennessee and your Petitioner, your Petitioner further sheweth that your
Petitioner's Father had one other Son by the name of James who died in the year 1801
leaving him surviving a Son by the name of James Carrington his heir at Law who is now
residing in Orange aforesaid an infant under the age of twenty one years to whom John J.
Carrington had been appointed Guardian by the County Court of Orange, that the aforesaid
Mary Knight departed this life in the year 1820 leaving her surviving the following
children her heirs at Law Viz Carrington, Jefferson, John, Nancy, Elizabeth, Jeptha,
James, William Knight, Meekins, Raleigh & Mary !
Knight all of whom reside in the State of Georgia and the eight last o
f whom are Infants under the age of twenty one years. Your Petitioner further sheweth
that her father in his life time made advancements to several of his aforesaid Children by
giving to them respectively the tract or parcel of Land following Viz to Mary Knight
aforesaid one tract of one hundred & Seventy two Acres more or less lying on Mountain
creek in the County of Orange adjoining the lands of Thomas Horten & others; to Nancy
Sims aforesaid one tract of Two hundred & twenty Acres more or less in said County
adjoining the Land of David Parker & others; to James Carrington deceased aforesaid
one tract containing two hundred & twenty five Acres more or less called the red
Cabbin tract adjoining the Land of William HUNT & others; to John J. Carrington one
tract containing Three hundred and Ninety nine acres more or less adjoining the Land of
William Cain; both of said last mentioned tracts lying in the County of Orange. Your
Petitioner is advised and beleives that she is b!
y the Laws of Descent entitled to one Sixth part of the land aforesaid to the end
therefore that an equal Partition of said Land may be made among the Defendants in this
Petition and your Petitioner. Your Petitioner prays that this Court may appoint
Commissioners to Survey and make Partition of said Land according to Law and report the
same to this Court and that your Honor may make what other and further Order in the
premises that may to your Honor seem meet and your Petitioner will ever pray. P. H.
Mangum atty pro Petn
The defendants answered the above foregoing Petition and at September Term 1829 a Decree
being made in the said Cause is in the words & figures following (to wit) Dicey Mangum
vs John J. Carrington & others
This cause coming to be heard upon the Petition answers of the Defendants Verdicts
rendered upon the issues made in the Cause interlocutory Orders and exhibits filed. It is
Ordered adjudged & Decreed that Andrew BORLAND, Williamson BURTON, Nicholas JONES,
Sampson Moore & Reuben FARTHING be appointed commissioners to divide by Metes &
Bounds the tracts or parcels of Land mentioned in the Petition. Viz the Store house tract
containing Two hundred & Seventy six acres more or less -- the tract of Ninety Six
acres more or less adjoining the Land of Herbert Sims & others. The Forsythe tract of
Three hundred thirty four Acres more or less --- the Joel Gibson tract of Two hundred
Acres more or less; the tract of Twenty Six Acres and one half Acre more or less adjoining
the Land of William Cain --- And the tract of Seven hundred & forty Acres more or less
lying and being in Person County and bounded by the County line into six equal dividends
and appropriate the same equally among !
the petitioner Dicey Mangum and the Defendants John J. Carrington, Herbert Sims &
wife Nancy, James R. Carrington, George Moore & his wife Elizabeth, and the heirs at
Law of Mary Knight deceased in the following manner. Viz that the Commissioners in the
first place proceed to assess the value of the tract of Land advanced to the said Mary
Knight by her father John Carrington in his life time of One hundred & Seventy two and
more or less lying on Mountain Creek in Orange County and bounded by the Land of Thomas
Horten and others at the time such advancement was made Viz in the year 1795 and bring
such value into Hotehpot in the ascertainment of the sixth part of the Lands to be divided
of the heirs at law of her the said Mary Knight and therewith
equalizing the dividend of the said heirs with the others --- and that the said
Commissioners or any three of them may make under their hands & Seals; to the next
term of this Court to be held for Orange County at the Court house in Hillsborough on the
Second monday in March next.
In testimony whereof of I Abner B. Bruce, Clerk of said Court do hereunto subscribe my
name at Office in Hillsborough the Second monday of September A.D. 1829. (Signed) A. B.
Bruce C.S.C.
Ordered that the Sheriff of Orange County Summon the Commissioners, named in the above
Decree, to meet on the premises and for the purposed therein expressed and that they make
due return of their proceedings in all respects as the Law directs in such Case made &
provided at the next term in March next 1830. Test A. B. Bruce C.S.C. issued 3rd October
1829
28 Sep 1830 Orange NC (signed 10 Apr 1830) ruling Dicey Mangum vs. John J. Carrington
(involves lands of dec'd father John Carrington Jr)
Person Co #1 $50 90a Herbert Sims and wife
Person Co #2 $50 100a George Moore and wife
Person Co #3 $50 120a Dicey Mangum
Person Co #4 $50 271a James R. Carrington
Orange Co #5 $570 135a Herbert Sims and wife
Orange Co #6 $660 117a Dicey Mangum
Orange Co #7 $585a 135a George moore and wife
Orange Co #8 $660 301 James R. Carrington
Orange Co #9 $90 90a George Moore and wife
Orange Co #10 $75 26.5a Herbert Sims
Total $2840 each $710 value
We find land advanced to John J. Carrington worth $750 to Mary Knight worth $750, heirs,
divided 10 lots among 4 4remaining legatees: Herbert Sims and wife Nancy, George Moore and
wife Elizabeth, Dicey Mangum and James R. Carrington; court charges forwarded by Herbert
Sims: John J Carrington $30, N. Jones $6, Thomas $eed (Thomas Reed?) $1, And Borland (Ann
Borland?) $6, Wmson Burton $6, James Freeland $10, Addison Carrington $1 (total $60)
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